BILL REQ. #: H-3646.2
| State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 01/15/2004. Referred to Committee on Fisheries, Ecology & Parks.
AN ACT Relating to minimizing the environmental impacts of commercial passenger vessels; amending RCW 90.48.160, 53.08.080, 90.48.037, 90.48.120, 90.48.144, and 70.146.030; adding a new chapter to Title 70 RCW; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Agent for service of process" means an agent upon whom
process, notice, or demand required or permitted by law to be served
upon the owner or operator may be served.
(2) "Biomedical waste" has the meaning provided in RCW 70.95K.010.
(3) "Commercial passenger vessel" means a vessel not owned by the
government of the United States or a foreign nation that is authorized
and capable of providing overnight accommodations for at least fifty
passengers for hire.
(4) "Department" means the department of ecology.
(5) "Discharge" means any release, however caused, from a
commercial passenger vessel, and includes any escape, disposal,
spilling, leaking, pumping, emitting, or emptying.
(6) "Fee" means the environmental compliance fee established in
section 7 of this act.
(7) "Graywater" means galley, dishwater, bath, laundry, and other
nonsewage wastewaters that are treated or untreated. The term includes
graywater that is stored in or transferred to a ballast tank or other
holding area on the vessel that may not be customarily used for storing
graywater. Mixtures of graywater and blackwater, regardless of
concentrations, shall be treated under this chapter as graywater.
(8) "Hazardous waste" has the same meaning given to both the terms
"hazardous substances" and "hazardous waste" in RCW 70.105.010.
(9) "Marine sanctuary" means any portion of the marine waters of
Washington that has been designated as a sanctuary by either the state
or federal government.
(10) "Marine waters of Washington" means the Puget Sound, the
Straight of Juan de Fuca from the Washington coast to the Canadian
border, and coastal waters out to three miles from the Washington
coast.
(11) "Oily bilge water" includes bilge water that contains used
lubrication oils, oil sludge and slops, fuel and oil sludge, used oil,
used fuel and fuel filters, and oily waste.
(12) "Passenger for hire" means vessel passengers that are required
to contribute some form of consideration as a condition of carriage on
the vessel, whether that consideration flows directly or indirectly to
the owner, charterer, operator, agent, or other person having an
interest in the vessel.
(13) "Puget Sound port" means a port located within the boundaries
of Puget Sound.
(14) "Sewage" means human body wastes and the wastes from toilets
and other receptacles intended to receive or retain human wastes.
(15) "Sewage sludge" has the meaning provided in RCW 70.95.030.
(16) "Solid waste" has the meaning provided in RCW 70.95.030.
(17) "Voyage" means a vessel trip to or from a Puget Sound port
with a majority of the passengers for hire completing the entire vessel
trip. A vessel trip that embarks and concludes from the same Puget
Sound port is considered to be a single voyage if a majority of the
passengers for hire completes the entire vessel trip.
NEW SECTION. Sec. 2 (1) Before entering the waters of Puget
Sound, the owner or operator of each commercial passenger vessel that
intends to operate, or cause to be operated, in Puget Sound must file
both an annual registration and a signed agreement with the department
consistent with this section.
(2) The owner or operator of a commercial passenger vessel that is
required to register with the department under this section must also
continuously maintain a designated agent for service of process
whenever a commercial passenger vessel of the owner or operator is in
the waters of Puget Sound. The agent must be an individual resident of
Washington, a domestic corporation, or a foreign corporation having a
place of business in Washington.
(3) Consistent with this section, the department shall develop
registration collection policies and registration forms which must, at
a minimum, include the following information:
(a) The name of the vessel owner's business and, if different, the
name of the vessel operator's business for each commercial passenger
vessel of the owner or operator that is scheduled to be in the waters
of Puget Sound during that calendar year;
(b) The postal address, electronic mail address, telephone number,
and facsimile number for the owner or operator's principal place of
business;
(c) The name and address of the agent for service of process
required under subsection (2) of this section; and
(d) The name and call sign of, and port of registry for, each of
the owner's or operator's commercial passenger vessels that is
scheduled to either call upon a Puget Sound port or otherwise be in the
waters of Puget Sound during the calendar year.
(4) The department may not accept a registration form from an owner
or operator of a commercial passenger vessel under this section unless
the form is accompanied by a signed agreement by the owner or operator
to comply with the terms and conditions placed on vessel discharge by
this chapter, and any rules adopted under this chapter.
(5) An owner or operator failing to file both an annual
registration and signed agreement, under this section, is prohibited
from landing, docking, or otherwise calling on a Washington port until
both documents are filed with the department, except under emergency
situations where landing at a Puget Sound port is necessary to protect
the safety of the commercial passenger vessel or its passengers or
crew.
(6) Registration forms developed by the department under this
section may be paper forms, electronic forms, or both.
NEW SECTION. Sec. 3 (1) Except as provided in sections 4 and 5
of this act, a person may not, regardless of intent, discharge sewage
sludge, oily bilge water, solid waste, biomedical waste, hazardous
waste, graywater, or untreated sewage from a commercial passenger
vessel into the marine waters of Washington.
(2) Except as provided in sections 4 and 5 of this act, a person
may not, regardless of intent, discharge treated sewage from a
commercial passenger vessel into the marine waters of Washington that
exceeds, at the point of discharge, the limits for suspended solids,
fecal coliform counts, and other discharge parameters established by
the department pursuant to section 11 of this act. Any discharge of
treated sewage from a commercial passenger vessel must be in compliance
with RCW 90.48.160.
(3) Except as provided in sections 4 and 5 of this act, a person
may not, regardless of intent, discharge any treated sewage from a
commercial passenger vessel that is located in or adjacent to a marine
sanctuary.
(4) The owner or operator of a commercial passenger vessel who
becomes aware of a discharge in violation of this section must
immediately report that discharge to the department.
NEW SECTION. Sec. 4 Section 3 of this act does not apply to
discharges made for the purpose of securing the safety of the
commercial passenger vessel or saving life at sea if all reasonable
precautions have been taken to prevent or minimize the discharge.
NEW SECTION. Sec. 5 The department may establish alternate terms
and conditions of vessel discharges applicable to an owner or operator
of a commercial passenger vessel who can not practicably comply with
the standard terms and conditions of vessel discharge established in
section 3 of this act, or who wishes to use or test alternative
environmental protection equipment or procedures. The department may
set alternative terms and conditions on a case-by-case basis if:
(1) The vessel owner and operator establishes to the department's
reasonable satisfaction that equivalent environmental protection can be
attained through other terms or conditions appropriate for the specific
configuration of the owner's or operator's vessel;
(2) The vessel owner or operator agrees to make necessary changes
to the vessel to allow it to comply with the standard terms and
conditions established in section 3 of this act, but demonstrates to
the department's reasonable satisfaction that additional time is needed
to make the necessary changes; or
(3) An experimental technology or method for pollution control of
a discharge is being used or is proposed as one of the alternative
terms and conditions of vessel discharges and the department determines
that the experimental technology or method has a reasonable likelihood
of success in providing increased protection for the environment.
NEW SECTION. Sec. 6 (1) The owner or operator of a commercial
passenger vessel must collect information in accordance with the
requirements of this section, maintain the records for three years
after the information was gathered, and provide a report to the
department upon its request with copies and summaries of the records.
The report must also include details on the dates, times, locations,
the volumes or flow rates of any discharge of sewage or other
discharges into the marine waters of Washington, descriptions of the
sampling and testing procedures used, and other information requested
by the department. Reports submitted under this subsection must
include all testing done twenty-one or more days before the report
being requested by the department, and include copies of any reports
filed with the federal government that relate to the discharge of
sewage, graywater, or the offloading of hazardous waste within the
marine waters of Washington or at a Washington port.
(2) While a commercial passenger vessel is present in Puget Sound,
the owner or operator must collect routine samples of the vessel's
treated sewage and any other substance that is being discharged into
the marine waters of Washington with a sampling technique that has been
approved by the department before the sample is taken. The number of
samples required to be taken under this subsection is the greater of
either once every calendar month that the vessel is present in Puget
Sound, or the number required to be taken under applicable federal law
or regulation.
(3) While a commercial passenger vessel is present in Puget Sound,
the department, or an independent contractor hired by the department,
may collect samples, in addition to the samples required under
subsection (2) of this section, of the vessel's treated sewage, and any
other substance from any other vessel source, that is being discharged
into the marine waters of the state.
(4) The owner or operator of a vessel that must collect samples
under subsection (2) of this section must have the samples tested to
measure fecal coliform, ammonia, residual chlorine, degree of acidity
or alkalinity, chemical oxygen demand, biochemical oxygen demand, total
suspended solids, and other parameters, including tests for substances
not traditionally associated with sewage, as required by the
department. The analytical testing method used must be approved by the
department before the test being conducted.
(5) The owner or operator of the vessel required to conduct
sampling under subsection (2) of this section must pay, or arrange for
payment, for all routine sampling and testing required under this
section. The department is responsible for paying for additional
sampling and testing carried out under the authority granted in
subsection (3) of this section.
(6) Nothing in this section relieves the owner or operator of a
commercial passenger vessel from other applicable reporting
requirements in state or federal law.
NEW SECTION. Sec. 7 (1) Each commercial passenger vessel that
loads or unloads passengers for hire at a Puget Sound port shall be
assessed an environmental compliance fee for each voyage during which
the commercial passenger vessel operates in the marine waters of
Washington. The fee shall be paid to the department in accordance with
payment procedure policies developed by the department.
(2) A fee schedule, based on a per passenger for hire basis, must
be established in rule by the department. The schedule must ensure
that the fee is set at the minimum amount to reasonably cover the costs
to the department for the implementation of this chapter; however, in
no instance may the fee exceed one dollar and seventy-five cents per
passenger for hire per voyage.
(3) The fee collected under this section must be deposited into the
water quality account created in RCW 70.146.030 and used exclusively
for the administration of this chapter.
NEW SECTION. Sec. 8 The department may engage in the following
activities relating to commercial passenger vessels operating in the
marine waters of the state:
(1) Directing in-water monitoring of discharges or releases of
sewage, graywater, bilge water, or any other discharges from commercial
passenger vessels;
(2) Monitoring and studying of direct or indirect environmental
effects; and
(3) Researching ways to reduce effects on marine waters and other
coastal resources.
NEW SECTION. Sec. 9 The department may engage in efforts to
encourage and recognize superior environmental protection efforts made
by the owners or operators of commercial passenger vessels that exceed
the requirements of this chapter.
NEW SECTION. Sec. 10 The department shall assess penalties to a
person found to be in violation of this chapter consistent with RCW
90.48.037, 90.48.120, and 90.48.144. The department may also refuse to
accept a registration application under section 2 of this act from an
owner or operator of a commercial passenger vessel found to have
committed multiple violations of this chapter.
NEW SECTION. Sec. 11 (1) The department may adopt rules,
pursuant to chapter 34.05 RCW, that are consistent with this chapter if
such rules are determined by the department to be necessary for the
administration of this chapter.
(2) The department must adopt rules, pursuant to chapter 34.05 RCW,
that establishes the suspended solids and fecal coliform counts for
sewage limits required to be satisfied in section 3 of this act. Rules
adopted under this subsection may be amended by the department,
pursuant to chapter 34.05 RCW, as deemed necessary by the department.
(3) The department may, pursuant to chapter 34.05 RCW, establish
numeric or narrative standards for parameters other than suspended
solids and fecal coliform that apply to sewage and other discharged
substances from commercial passenger vessels, even if the substances
that are the subject of the parameters are not traditionally associated
with sewage. In developing rules under this subsection, the department
must consider information on the environmental effects of the regulated
discharges, the materials and substances handled and generated on the
vessels, vessel movement effects, and the availability of new
technologies for wastewater.
(4) In developing rules under this section, the department should
seek to achieve consistency with the strictest vessel discharge
standards required by other jurisdictions in which commercial passenger
vessels visiting Puget Sound frequently travel when consistency is
practicable, scientifically defensible, and in accordance with the laws
of Washington.
NEW SECTION. Sec. 12 This chapter shall not be construed as
repealing any of the laws governing the pollution of the waters of the
state, but shall be held and construed as ancillary to and
supplementing the same and an addition to the laws now in force.
NEW SECTION. Sec. 13 The department may cooperate with the
federal government and accept grants of federal funds for carrying out
this chapter. The department may make any application or report
required by an agency of the federal government as an incident to
receiving such grants.
NEW SECTION. Sec. 14 The department may cooperate with
appropriate agencies of neighboring states and neighboring provinces,
enter into contracts, and make contributions toward interstate and
state-provincial projects to carry out this chapter.
Sec. 15 RCW 90.48.160 and 1989 c 293 s 2 are each amended to read
as follows:
(1) Any person who conducts a commercial or industrial operation of
any type which results in the disposal of solid or liquid waste
material into the waters of the state, including commercial or
industrial operators discharging solid or liquid waste material into
sewerage systems operated by municipalities or public entities which
discharge into public waters of the state, shall procure a permit from
either the department or the ((thermal power plant)) energy facility
site evaluation council as provided in RCW 90.48.262(2) before
disposing of such waste material((: PROVIDED, That)).
(2) Nothing in this section shall ((not)) apply to any person
discharging domestic sewage only into a sewerage system. However, this
section does apply to the owner or operator of a commercial passenger
vessel when he or she is disposing of treated sewage in the marine
waters of Washington as allowed pursuant to section 3 of this act. For
this subsection only, any applicable terms have the same meaning as
assigned to those terms in section 1 of this act.
(3) The department may, through the adoption of rules, eliminate
the permit requirements for disposing of wastes into publicly operated
sewerage systems for:
(((1))) (a) Categories of or individual municipalities or public
corporations operating sewerage systems; or
(((2))) (b) Any category of waste disposer;
if the department determines such permit requirements are no longer
necessary for the effective implementation of this chapter. The
department may by rule eliminate the permit requirements for disposing
of wastes by upland finfish rearing facilities unless a permit is
required under the federal clean water act's national pollutant
discharge elimination system.
Sec. 16 RCW 53.08.080 and 1989 c 298 s 2 are each amended to read
as follows:
(1) A district may lease all lands, wharves, docks and real and
personal property owned and controlled by it, for such purposes and
upon such terms as the port commission deems proper((: PROVIDED,
That)). However, no lease shall be for a period longer than fifty
years with option for extensions for up to an additional thirty years,
except where the property involved is or is to be devoted to airport
purposes the port commission may lease said property for such period as
may equal the estimated useful life of such work or facilities, but not
to exceed seventy-five years((: PROVIDED FURTHER, That)). Where the
property is held by the district under lease from the United States
government or the state of Washington, or any agency or department
thereof, the port commission may sublease said property, with option
for extensions, up to the total term and extensions thereof permitted
by such lease, but in any event not to exceed ninety years.
(2) Leases or other agreements entered into by a district and the
owner or operator of a commercial passenger vessel, as that term is
defined in section 1 of this act, regardless of length or type of
facility, must contain provisions to ensure that the commercial
passenger vessel's permission to use the leased property or facility is
contingent on that vessel's compliance with chapter 70.--- RCW
(sections 1 through 14, 21, 22, and 24 of this act).
Sec. 17 RCW 90.48.037 and 1991 c 200 s 1102 are each amended to
read as follows:
The department, with the assistance of the attorney general, is
authorized to bring any appropriate action at law or in equity,
including action for injunctive relief, in the name of the people of
the state of Washington as may be necessary to carry out the provisions
of this chapter, chapter 70.--- RCW (sections 1 through 14, 21, 22, and
24 of this act), or chapter 90.56 RCW.
Sec. 18 RCW 90.48.120 and 1992 c 73 s 25 are each amended to read
as follows:
(1) Whenever, in the opinion of the department, any person shall
violate or creates a substantial potential to violate the provisions of
this chapter, chapter 70.--- RCW (sections 1 through 14, 21, 22, and 24
of this act), or chapter 90.56 RCW, or fails to control the polluting
content of waste discharged or to be discharged into any waters of the
state, the department shall notify such person of its determination by
registered mail. Such determination shall not constitute an order or
directive under RCW 43.21B.310. Within thirty days from the receipt of
notice of such determination, such person shall file with the
department a full report stating what steps have been and are being
taken to control such waste or pollution or to otherwise comply with
the determination of the department. Whereupon the department shall
issue such order or directive as it deems appropriate under the
circumstances, and shall notify such person thereof by registered mail.
(2) Whenever the department deems immediate action is necessary to
accomplish the purposes of this chapter, chapter 70.--- RCW (sections
1 through 14, 21, 22, and 24 of this act), or chapter 90.56 RCW, it may
issue such order or directive, as appropriate under the circumstances,
without first issuing a notice or determination pursuant to subsection
(1) of this section. An order or directive issued pursuant to this
subsection shall be served by registered mail or personally upon any
person to whom it is directed, or to the agent for service of process,
as that term is defined in section 1 of this act.
Sec. 19 RCW 90.48.144 and 1995 c 403 s 636 are each amended to
read as follows:
Except as provided in RCW 43.05.060 through 43.05.080 and
43.05.150, every person who:
(1) Violates the terms or conditions of a waste discharge permit
issued pursuant to RCW 90.48.180 or 90.48.260 through 90.48.262, or
(2) Conducts a commercial or industrial operation or other point
source discharge operation without a waste discharge permit as required
by RCW 90.48.160 or 90.48.260 through 90.48.262, or
(3) Violates the provisions of RCW 90.48.080, or other sections of
this chapter, chapter 70.--- RCW (sections 1 through 14, 21, 22, and 24
of this act), or chapter 90.56 RCW or rules or orders adopted or issued
pursuant to ((either of)) those chapters, shall incur, in addition to
any other penalty as provided by law, a penalty in an amount of up to
ten thousand dollars a day for every such violation, except that
violations of chapter 70.--- RCW (sections 1 through 14, 21, 22, and 24
of this act) may be penalized in an amount up to twenty-five thousand
dollars for each violation. Each and every such violation shall be a
separate and distinct offense, and in case of a continuing violation,
every day's continuance shall be and be deemed to be a separate and
distinct violation. Every act of commission or omission which
procures, aids or abets in the violation shall be considered a
violation under the provisions of this section and subject to the
penalty herein provided for. The penalty amount shall be set in
consideration of the previous history of the violator and the severity
of the violation's impact on public health and/
Sec. 20 RCW 70.146.030 and 2003 1st sp.s. c 25 s 934 are each
amended to read as follows:
(1) The water quality account is hereby created in the state
treasury. Moneys in the account may be used only in a manner
consistent with this chapter. Moneys deposited in the account shall be
administered by the department of ecology and shall be subject to
legislative appropriation. Moneys placed in the account shall include
tax receipts as provided in RCW 82.24.027, 82.26.025, and 82.32.390,
principal and interest from the repayment of any loans granted pursuant
to this chapter, and any other moneys appropriated to the account by
the legislature.
(2) The department may use or permit the use of any moneys in the
account to make grants or loans to public bodies, including grants to
public bodies as cost-sharing moneys in any case where federal, local,
or other funds are made available on a cost-sharing basis, for water
pollution control facilities and activities, or for purposes of
assisting a public body to obtain an ownership interest in water
pollution control facilities and/or to defray a part of the payments
made by a public body to a service provider under a service agreement
entered into pursuant to RCW 70.150.060, within the purposes of this
chapter and for related administrative expenses. For the period July
1, 2003, to June 30, 2005, moneys in the account may be used to process
applications received by the department that seek to make changes to or
transfer existing water rights and for grants and technical assistance
to public bodies for watershed planning under chapter 90.82 RCW. No
more than three percent of the moneys deposited in the account may be
used by the department to pay for the administration of the grant and
loan program authorized by this chapter.
(3) Beginning with the biennium ending June 30, 1997, the
department shall present a biennial progress report on the use of
moneys from the account to the chairs of the senate committee on ways
and means and the house of representatives committee on appropriations.
The first report is due June 30, 1996, and the report for each
succeeding biennium is due December 31 of the odd-numbered year. The
report shall consist of a list of each recipient, project description,
and amount of the grant, loan, or both.
(4) Environmental compliance fees collected pursuant to section 7
of this act must be deposited into the account and used exclusively for
the department's costs in administering chapter 70.--- RCW (sections 1
through 14, 21, 22, and 24 of this act).
NEW SECTION. Sec. 21 If the department determines that a federal
agency must be petitioned in order for any element of this chapter to
take effect, the department may, consistent with 33 U.S.C. Sec.
1322(f)(4)(a), or any other applicable federal law, apply to the
federal government to prohibit the discharge of any sewage, graywater,
bilge water, or any other substance from a commercial passenger vessel
into the waters of Puget Sound.
NEW SECTION. Sec. 22 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 23 Sections 1 through 14, 21, 22, and 24 of
this act constitute a new chapter in Title
NEW SECTION. Sec. 24 This act takes effect January 1, 2005.